CCLME.ORG - DIVISION 1. STATE FIRE MARSHAL
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s 1176. Basic Characteristics and Test Standards.
The quality of resistance to ignition and combustion shall be the primary feature of the test standards, but such other factors as the effect of the chemicals on materials being treated and the probable life of the flame-retardant quality shall also be given due consideration.
Test standards shall be those adopted and developed through research by the State Fire Marshal and shall include, but not by way of limitation, means for determining weight gain, effects of weathering, breaking strength, aging, flexibility, crocking, neutrality (pH), appearance, settling and any other test found necessary to insure requisite qualities.


Note: Authority cited: Section 13120, Health and Safety Code. Reference: Sections 13100-13132, Health and Safety Code.





s 1177. Notices.
Any notice required to be given to any person by any provisions of the statute or of these rules and regulations may be given by mailing such notice, postage prepaid, addressed to the person to be notified, at his last place of residence or business as it appears in the records of the State Fire Marshal.




s 1177.1. Change in Location.
Any change in the location or ownership of any flame-retardant application concern, any manufacturer of any flame-retardant chemical, fabric, or material, or any other person or concern whose name or whose product is approved for listing on the State Fire Marshal's approved list of flame-retardant chemicals, fabrics, materials and application concerns shall be reported in writing at the office of the State Fire Marshal within seven (7) days after the change by the person who is the owner after the change.





s 1178. Constitutionality.
If any provision of these rules and regulations, or the application thereof to any person or circumstance, is held invalid, the remainder of the rules and regulations or the application of such provision to other persons or circumstances, shall not be affected thereby.





s 1179. Fees.
(a) Original or Annual Renewal Registration of any Single Flame
Retardant Fabric or Material ........................ $200.00
(b) Original or Annual Renewal Registration of a Flame
Retardant Chemical .................................. $200.00
(c) Original or Annual Renewal of a Flame Retardant
Application Concern, General ........................ $175.00
(d) Original or Annual Renewal of a Flame Retardant
Application Concern, Limited ........................ $85.00
(e) Laboratory Fees:
Fabrics .......................................... $50.00
Chemicals ........................................ $50.00
General Applicator ............................... $9.00




Note: Authority cited: Section 13127, Health and Safety Code. Reference: Sections 13125, 13127, 13128, 13129 and 13130, Health and Safety Code.





s 1190. Applicator.
"Applicator" as used herein means any person who engages in the application of flame-retardant compounds or chemicals to any fabric or material for the purpose of retarding the action of fire or flame on such fabric or material.





s 1191. Approved.
"Approved" means approved by the State Fire Marshal.





s 1192. Approved Laboratory.
"Approved Laboratory" as used herein means any commercial laboratory qualified and equipped to perform the tests required by these rules and regulations and which is approved for this purpose by the State Fire Marshal.





s 1193. Chemical.
"Chemical" as used herein means flame-retardant chemical.





s 1194. Concern.
"Concern" as used herein means any person, firm, association, organization, partnership, business trust, corporation, or company.





s 1195. Flame-Retardant Application Concern.
"Flame-Retardant Application Concern" as used herein means any concern which engages in the application of flame-retardant compounds or chemicals. A flame-retardant application concern may employ a number of applicators. An individual applicator in business for himself shall be considered as a flame-retardant application concern.





s 1196. Flame-Retardant Chemical.
"Flame-Retardant Chemical" as used herein means any chemical, chemical compound or chemical mixture which when properly applied to a fabric or material will render such fabric or material incapable of supporting combustion to the extent that it will successfully withstand the tests and meet the specifications promulgated by the State Fire Marshal.





s 1197. Flame-Retardant Chemical, Exterior.
"Flame-Retardant Chemical, Exterior" as used herein means those flame-retardant chemicals which are intended to retain their flame-retardant properties when used on fabrics or materials which are exposed to weather conditions without means of protection from the elements.





s 1198. Flame-Retardant Chemical, Interior.
"Flame-Retardant Chemical, Interior" as used herein means those flame-retardant chemicals intended to be used on fabrics or materials which are not subject to exposure to weather and need not of necessity be weather resistant.





s 1199. Health and Safety Code.
"Health and Safety Code" as used herein means the Health and Safety Code of the State of California.





s 1200. Manufacturer.
"Manufacturer" as used herein means any concern which shall manufacture, mix or compound one or more chemical substances and offer such chemical, compound or mixture for sale or for use as a flame-retardant chemical, or any concern which shall market a flame-retardant or nonflammable fabric or material for use as drapes, hangings, curtains, drops or other similar decorative materials, or a flame-retardant canvas for use in tents.





s 1201. Nonflammable Material.
"Nonflammable Material" as used herein means a fabric or material which is inherently flame-resistant to the extent that it will meet the requirements of the fire resistance test herein prescribed, but shall not include materials which must be chemically treated or processed after manufacture to make them flame-resistant.





s 1202. Place of Public Assemblage.
"Place of Public Assemblage" as used herein means any occupancy mentioned in Sections 13115 or 13119 of the Health and Safety Code.




s 1210. Chemical Registration.
Any chemical manufacturing concern desiring to have a chemical registered by the State Fire Marshal shall accompany its application with the laboratory test report, and the registration fee as provided in Section 13127 of the Health and Safety Code.





s 1211. Standard Fabrics.
Persons wishing to submit a flame-retardant chemical for registration by the State Fire Marshal shall first obtain standard fabrics in accordance with the provisions of this section. For exterior chemicals a 10-ounce double filling grey duck (Federal Specification CCC-D-761, February, 1933) will be used, while for interior chemical a #250 cotton drill dyed blue Pontamine 4GLN (or its equivalent) color index #533 will be the standard.
Chemicals intended for the treatment of synthetics such as acetate, nylon, Orlon and Dacron, and various fiber mixtures, shall be tested as applied to appropriate fabrics made of such fibers or mixtures.
The concern submitting the sample for test may desize the standard exterior fabric before application of the chemical if it so desires. If this is done, however, the chemical will then be registered only for use on unsized or desized fabrics. This is based on the premise that a chemical which is effective on sized material will be at least equally effective on unsized material, but that the reverse is not necessarily true. If the concern desires to submit its chemical for test on desized material, the entire sample of standard fabric shall be desized before any portion of it is treated with chemical or cut for testing.


Note: Authority cited: Section 13120, Health and Safety Code. Reference: Sections 13100-13132, Health and Safety Code.





s 1212. Test Costs.
Cost of laboratory tests shall be borne by the applicant seeking registration of any flame-retardant chemical.
The State Fire Marshal reserves the right to publish all or any portion of the laboratory test results.





s 1213. Treating Test Fabrics.
The sample of standard fabric shall then be submitted to an approved laboratory, together with sufficient chemical to treat at least five yards of the fabric, and the necessary instructions for its proper application. The chemical shall be applied as per instructions, by a member of the laboratory staff, or may be applied by the person submitting the chemical in the presence of a member of the laboratory staff or a representative of the State Fire Marshal's Office. If the applicant so desires he may treat the test sample in his flame-retardant application plant in the presence of either the laboratory staff member or a representative of the State Fire Marshal. (See note.) Exterior chemicals shall be khaki color for testing.





s 1214. Special Processes.
In cases where chemicals cannot be applied by spray, brush, or immersion, but must be applied by a specialized plant process, they shall be registered only for such method of application. Samples of both the treated and untreated fabric or material of sufficient size for test shall be submitted to an approved laboratory.


Note: Authority cited: Section 13120, Health and Safety Code. Reference: Sections 13100-13132, Health and Safety Code.





s 1215. Chemical Samples.
In all cases, a one gallon sample of the chemical or compound being tested shall be sent to the Office of the State Fire Marshal. This sample shall be identical in every respect with the material submitted for test. The sample shall bear a label stating, (1) the trade name of the chemical or compound, (2) the name and address of the manufacturer, (3) the approximate date of manufacture.





s 1216. Scope and Extent of Approval.
Approval of chemicals to treat various fibers will be based on the following:
(a) Chemicals which meet all requirements as applied to standard exterior test fabric (Sections 1230 through 1239) will be approved for the treatment of any hard-surfaced cotton fabric such as duck, drill, twill, etc.
(b) Chemicals which meet all requirements as applied to standard interior cotton test fabric (Sections 1250 through 1263) will be approved for the treatment of any cotton fabric, plus linen, burlap, silk, wool, rayon, paper and Cellophane. Such chemicals may receive extended approval to treat additional fabrics as follows:
(1) Fiber Mixtures Containing Not Over 35 Percent Synthetics. Supplementary tests for Weight Increase [FNa1] (Section 1260) and Fire Resistance (Section 1261), only, on each appropriate standard mixed fabric (Cotton-Rayon-Acetate, Cotton-Rayon-Nylon, Cotton-Rayon-Dacron, etc.) for which approval is desired.
(c) Chemicals which meet all requirements as applied to standard synthetic test fabrics (Sections 1263.1 through 1263.9) will be approved on the following basis:
(1) 100 Percent Synthetic (Acetate, Nylon, Dacron, Orlon, etc.). Tests shall be performed on each appropriate standard synthetic test fabric for which approval is desired.
(2) Fiber Mixtures Containing Over 35 Percent Synthetics. Supplementary tests on standard interior cotton test fabric for accelerated aging, synthetics (Section 1263.7), only.
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[FNa1] Note: Report weight increase only, no limit specified.





s 1216.1. Other Materials.
Chemicals intended for treating materials other than fabrics, such as compressed cellulose fiber, wooden and similar decorative materials, bast and leaf fibrous materials, brush and foliage, Christmas trees, etc., shall be tested as outlined in Section 1264 and its subsections.




s 1217. Permanent Chemicals.
The test requirements for color change, flexibility, and weight increase for "permanent" types of interior chemicals may be waived at the discretion of the State Fire Marshal.
Manufacturers of such chemicals or compounds may have the laboratory perform, along with the required tests, such additional tests as may serve to indicate the permanent nature of the flame-retardant treatment.

Note: Authority cited: Section 13120, Health and Safety Code. Reference: Sections 13100-13132, Health and Safety Code.





s 1218. Test Results.
The results of the test shall be certified by the laboratory on a form prepared by the State Fire Marshal. The form shall contain the trade name of the chemical or compound, the name and address of the manufacturer and the test results.





s 1219. Field Results.
Since laboratory tests of textile and other materials only approximate results of actual field use, continued listing of a registered chemical or fabric or material shall depend upon the ability of the chemical or fabric or material to prove satisfactory in actual use. Repeated field failure(s), regardless of laboratory test results, shall be presumed to result from chemical(s) or faulty application thereof.





s 1220. Retests.
The State Fire Marshal may at his discretion require retests of the manufacturer's product to ascertain continued compliance with these rules and regulations.





s 1221. Secondary Registrations.
A company desiring to have an already-registered chemical listed under the company's own trade or brand name may do so as follows:
(a) The manufacturer of the registered chemical shall certify in a letter to the State Fire Marshal that he agrees to furnish the registered chemical to said company for sale, distribution, or use under the new name.
(b) The concern shall certify in a notarized letter to the State Fire Marshal that the chemical or compound sold, distributed, or used under the new name shall always be identical in all respects to the original registered chemical.
(c) The company shall pay to the Office of the State Fire Marshal the original and annual renewal registration fee as prescribed by statute.


Note: Authority cited: Section 13120, Health and Safety Code. Reference: Sections 13100-13132, Health and Safety Code.





s 1222. Interior Types.
Registered interior flame-retardant chemicals shall be listed as "Type I" or "Type II," depending on the lasting qualities of the treatment. A "Type I" chemical shall impart a relatively permanent treatment to fabrics, and fabrics so treated must meet the requirements of the fire resistance test after at least three launderings and three dry cleanings. A "Type II" chemical shall be normal water soluble type, which is removed by laundering and by certain dry cleaning processes in which solutions of water and soap are added to the solvent.


Note: Authority cited: Section 13120, Health and Safety Code. Reference: Sections 13100-13132, Health and Safety Code.





s 1223. Containers Labels.
All containers of flame-retardant chemical used or intended for use in complying with Sections 13115, 13119 to 13130 inclusive, of the California Health and Safety Code, shall bear a facsimile of the California State Fire Marshal's Seal of Registration shown herein and in addition shall bear the registration number, the percentage of solids, and the flame-retardant chemical name exactly as approved and registered. Containers for interior chemicals shall bear the words "FOR INTERIOR USE ONLY" below the registered name.
For their own protection, chemical manufacturers should place on each container the following additional information: Invoice number; batch number; date of manufacture; and date of shipment.




s 1224. Refilling Containers.
No persons shall refill any flame-retardant container bearing the State Fire Marshal's Seal of Registration except the manufacturer whose registration number is shown upon the seal. Under no circumstances shall any other chemical than that originally contained be placed in such containers without first removing or defacing the Seal of Registration.





s 1230. Exterior Test Specifications.
Exterior flame-retardant chemicals shall be tested in accordance with specifications on file in the Office of the State Fire Marshal. The results of each test shall not fall below the minimum requirements set forth in this article. The normal breaking strength variation of the standard test fabric shall be taken into account in evaluating the test results.






s 1231. Appearance.
The chemical shall be uniform, homogeneous, and free from coarse particles or lumps. It shall be capable of being broken with a paddle to a smooth, uniform consistency. It shall not jell, liver, curdle or show any separation of phases on storage.






s 1232. Toxicity.


Note: Authority cited: Section 13120, Health and Safety Code.






s 1233. Weight Increase.
The weight of the treated fabric shall not be more than fifty percent (50%) greater than that of the untreated fabric.






s 1234. Breaking Strength.
The breaking strength of the treated fabric shall not be less than that of the untreated fabric.






s 1235. Accelerated Weathering.
The percentage loss in breaking strength of the treated fabric after accelerated weathering shall not be greater than that of the untreated fabric similarly weathered. The treated fabric after weathering shall meet the requirements for fire resistance outlined in Section 1237.





s 1236. Water Extraction.
The treated fabric, after water extraction, shall meet the requirements for fire resistance outlined in Sections 1237 and 1237.2.





s 1237. Fire Resistance.
(Small Scale Test.) The treated fabric, in its original state, after accelerated weathering, and after water extraction, shall be tested in accordance with the method outlined in Section 1237.1 below, and shall not continue to flame for more than two (2) seconds after the burner is removed. The average length of char (for the standard test fabric) shall not exceed three and one-half inches (3 1/2 "). The maximum for any fabric shall not exceed six inches (6 ").







s 1237.1. Test Method.
(Small Scale Test.) The specimens shall be conditioned by suspending them in an oven having mechanical air circulation, at temperatures of 140 degrees to 145 degrees F. for not less than one hour, nor more than one and one-half hours. Materials which distort or melt at the above oven exposure shall be conditioned at 60 degrees to 80 degrees F. and 25 percent to 50 percent relative humidity for not less than 24 hours.
Six specimens, each not less than two and one-half inches (2 1/2 ") x twelve and one-half inches (12 1/2 "), shall be subjected to the fire resistance test. One half of each set of specimens shall be cut with the long dimension in the direction of the warp, and the other half with the long dimension in the direction of the filling.
The specimens shall be suspended vertically in a rack which covers the upper one-half inch (1/2 ") of the length and holds the sides firmly to prevent curling, leaving a strip two inches (2 ") x twelve inches (12 ") exposed. To protect the specimens from drafts, the apparatus shall be enclosed in a sheet metal shield twelve inches (12 ") wide, twelve inches (12 ") deep, and thirty inches (30 ") high, open at the top, and provided with a vertical sliding glass front. Sufficient room shall be left at the bottom of the front to allow manipulation of the gas burner used in igniting the specimens.
The specimens shall be suspended with their lower end three-quarters inch (3/4 ") above the top of a three-eighths inch (3/8 ") I.D. Bunsen or Tirril gas burner, with the air supply completely shut off, and adjusted to give a luminous flame one and one-half inches (1 1/2 ") long. The flame shall be applied vertically at the center of the width of the lower end of the specimens for twelve (12) seconds, then withdrawn, and the duration of flaming in the specimens after withdrawal of the burner noted. After complete extinction of all flame and glow in the specimen, the length of char shall be measured, as specified in Federal Specifications CCC-T-191a, Supplement October 1945.





s 1237.2. Fire Resistance.
(Large Scale Test). The treated fabric, both before and after water extraction, shall be tested in accordance with the method outlined in Section 1237.3 below, and shall not continue to flame for more than two (2) seconds after the burner is removed. The vertical spread of flame and afterglow (smoldering combustion), as indicated by the length of char above the tip of the test flame, shall not exceed ten inches (10 ").






s 1237.3. Test Method.
(Large Scale Test). The specimens shall be conditioned by suspending them in an oven having mechanical air circulation, at temperatures of 140 degrees to 145 degrees F. for not less than one hour, nor more than one and one-half (1 1/2 ) hours. Materials which distort or melt at the above oven exposure shall be conditioned at 60 to 80 degrees F. and 25 percent to 50 percent relative humidity for not less than twenty-four (24) hours.
The apparatus for conducting the flame test shall consist of a sheet steel stack twelve inches (12 ") square transversely, seven feet (7 ') high, and supported one foot (1 ') above the floor on legs. The stack shall be open at the top and bottom and shall be provided with a door having an observation window of wired glass extending the full length.
Six specimens, each not less than five inches (5 ") x seven feet (7 '), shall be subjected to the fire resistance test. One-half of each set of specimens shall be cut with the long dimension in the direction of the warp, and the other half with the long dimension in the direction of the filling. Two or more pieces may be sewn together to provide the necessary length.
The specimen shall be suspended vertically in the stack with its full width facing the observer so that the bottom of the specimen is four inches (4 ") above the top of a Bunsen burner having a three-eighths inch (3/8 ") diameter tube and placed on the floor below the stack. The gas supply to the burner shall be natural gas or a mixture of natural and manufactured gases having a heat value of approximately 800-1000 Btu per cubic foot. With a gas pressure of four and one-half inches (4 1/2 ") (108mm.) of water, the burner shall be adjusted to produce an eleven inch (11 ") oxidizing flame having an indistinct inner cone. The specimen shall be lightly restrained laterally with clamps and guide wires attached to its outer edges.
The flame shall be applied vertically near the middle of the lower end of the specimen for two (2) minutes and then withdrawn. Observations shall be recorded during and after the flame application to include duration of surface flaming and length of char.
The length of char shall be determined as described for small scale test specimens in Section 1237.1.





s 1238. Flexibility.
The flexibility of the treated and untreated fabrics shall be reported. The treated fabric, after accelerated weathering, shall not increase excessively in stiffness.





s 1238.1. Aging Test Optional.







s 1239. Crocking.
The treated fabric shall be thoroughly dry and shall not show excessive crocking.





s 1250. Interior Test Specifications.
Interior flame-retardant chemicals shall be tested in accordance with the specifications on file in the office of the State Fire Marshal. The results of each test shall not fall below the minimum requirements set forth in this article. The normal breaking strength variation of the Standard Test Fabric shall be taken into account in evaluating the test results.






s 1251. Settling.
The chemical, after standing, shall not contain any precipitated solids which cannot be remixed with paddle stirring or by gentle heating to effect a homogeneous solution.






s 1252. Neutrality.
The pH of the chemical solution (determined on a suitable glass-electrode type pH-meter), shall be reported.






s 1253. Toxicity.


Note: Authority cited: Section 13120, Health and Safety Code.






s 1254. Color Change.
The chemical shall not cause running, streaking, change of color, or otherwise appreciably alter the appearance, texture or sheen of a fabric or material in any manner other than that exhibited by the fabric when thoroughly saturated with plain tap water.





s 1255. Fading.
The treated fabric shall not fade more than the untreated fabric.






s 1256. Flexibility.
The flexibility of the treated and untreated fabric shall be reported.






s 1257. Breaking Strength.
The breaking strength of the treated fabric shall not be less than that of the original fabric similarly treated with tap water.






s 1258. Accelerated Aging.
The percentage loss in breaking strength of the treated fabric after accelerated aging shall not exceed that of the untreated fabric similarly aged. The treated fabric after accelerated aging shall meet the requirements of the fire resistance test. Microscopic examination of the treated fabric after aging shall not show more than a trace of efflorescence.






s 1259. Dry Cleaning.
The treated fabric, after dry cleaning, shall meet the requirements of the fire resistance test.






s 1260. Weight Increase.
The weight of the treated fabric shall not be more than twenty percent (20%) greater than that of the untreated fabric.






s 1261. Fire Resistance.
The treated fabric shall not continue to flame for more than one second after the burner is removed. The average length of char (for the standard cotton test fabric) shall not exceed three and one-half inches (3 1/2 "). The maximum for any fabric shall not exceed 6 inches (6 ").
Specimens shall be tested for fire resistance in accordance with the method outlined in Section 1237.1.






s 1262. Combined Laundering and Dry Cleaning.
(To be performed on "Type I" chemicals only.) The treated fabric, after three (3) dry cleanings and three (3) launderings, shall meet the requirements for fire resistance outlined in Section 1261.





s 1263. Test Procedure.
The standard procedure for testing flame-retardant chemicals and fabrics or materials is on file in the office of the State Fire Marshal.






s 1263.1. Settling.
The chemical, after standing, shall not contain any precipitated solids which cannot be remixed with paddle stirring or by gentle heating to effect a homogeneous solution.





s 1263.2. Neutrality.
The pH of the chemical solution (determined on a suitable glass-electrode type pH-meter) shall be between 5.0 and 9.0.






s 1263.3. Toxicity.


Note: Authority cited: Section 13120, Health and Safety Code.






s 1263.4. Color Change.
The chemical shall not cause running, streaking, change of color, or otherwise appreciably alter the appearance, texture or sheen of a fabric or material in any manner other than that exhibited by the fabric when thoroughly saturated with plain tap water.






s 1263.5. Fading.
The treated fabric shall not fade more than the untreated fabric.






s 1263.6. Flexibility.
The flexibility of the treated and untreated fabric shall be reported.






s 1263.7. Accelerated Aging, Synthetic.
The percentage loss in breaking strength of the treated fabric after accelerated aging shall not exceed that of the untreated fabric similarly aged. The treated fabric after accelerated aging shall meet the requirements of the fire resistance test. Microscopic examination of the treated fabric after aging shall not show more than a trace of efflorescence.






s 1263.8. Weight Increase.
The percentage increase in weight of the treated fabric over that of the untreated fabric shall be reported.






s 1263.9. Fire Resistance.
The treated fabric shall not continue to flame for more than one second after the burner is removed. The average length of char (for the standard test fabric) shall not exceed six inches (6 ").
Specimens shall be tested for fire resistance in accordance with the method outlined in Section 1237.1.






s 1264. General Requirements.
(a) Tests shall be performed by an approved laboratory, or by the laboratory of the State Fire Marshal.
(b) Sufficient quantities of the chemical and the material for the treatment of which approval is desired shall be submitted to the laboratory, where the chemical shall be applied in accordance with the manufacturer's directions.
(c) The laboratory shall test the treated specimens in accordance with the requirements of the applicable subsection(s) below.
(d) The laboratory shall allow treated and untreated specimens to age at normal room conditions for 30 days, during and after which period the specimens shall be examined and the condition and appearance of the chemical or coating noted. The chemical or coating shall dry to the touch within four hours and dry completely within 24 hours. During and after the aging period, there shall be no appreciable change in color or appearance, and no evidence of poor adhesive qualities (such as would be indicated by any tendency toward flaking or powdering off).
(e) A copy of the laboratory report shall be submitted to the State Fire Marshal, covering in detail the method of application or treatment (number of coats, coverage in square feet per gallon, dilution if any, etc.), the results of tests, and the description of the condition or appearance of the treated specimens after aging (including change of color, dryness, brittleness, and any other pertinent qualities). The laboratory or manufacturer shall also submit to the State Fire Marshal at least one quart of the chemi cal, together with specimens of the material for the treatment of which approval is desired.
(f) The State Fire Marshal may perform such additional tests as he deems advisable or necessary, and his decision insofar as approval and listing of the chemical are concerned shall be final.


Note: Authority cited: Section 13120, Health and Safety Code.






s 1264.1. Wooden and Compressed Cellulose Fiber Decorative Material.
Chemicals of the surface treatment type which are intended for the flame-retardant treatment of wooden and compressed cellulose fiber decorative materials shall be capable of being readily applied by brush or spray to achieve the required coverage.
Approval of chemicals for the flame-retardant treatment of compressed cellulose fiber and wooden decorative materials shall be based upon tunnel test results when performed by a laboratory properly equipped and staffed to make the test.
Chemicals which achieve a maximum fire hazard classification of 70 for flame spread will be acceptable, where untreated oak is rated at 100 and incombustible asbestos-cement board is rated at 0.
Chemicals intended for flameproofing nonsolid wooden decorative materials, such as sawdust, shavings, and excelsior shall be approved if they are capable of satisfactorily treating cotton. (See Section 1216(b).)





s 1264.2. Bast and Leaf Fibrous Decorative Materials.
The fire-resistance test shall be performed at the completion of the thirty-day aging period, and shall be conducted as nearly as practical as described in Section 1237.1. Tests shall be made on several different areas of the treated materials. There shall be no spread of flame from the area in contact with the test flame, and any afterflaming shall not exceed 10 seconds.






s 1264.3. Christmas Trees.
The chemical shall be applied to fresh green branches of Douglas Fir, approximately three feet long. The fire-resistance test shall be performed at the completion of the 30-day aging period, and shall be conducted as nearly as practical as described in Section 1237.1. Tests shall be made on several different areas of the treated branch.
There shall be no spread of flame from the area in contact with the test flame, and any afterflaming shall not exceed ten seconds. At the completion of the 30- day aging period, the treated branch shall not lose its needles more readily nor shall they have turned brown to a greater extent than those of the untreated branch similarly aged.




s 1270. Fee.
Any concern marketing a flame-retardant fabric or material desiring to have such fabric or material registered by the State Fire Marshal shall accompany its application with the registration fee as provided in Section 13127 of the Health and Safety Code.





s 1271. Test Costs.
The cost of all laboratory tests required shall be borne by the applicant.





s 1272. Fabric Registration.
Manufacturers who market a flame-retardant fabric or material for use as draperies, upholstery, wall coverings, etc., or a flame-retardant canvas for use in tents, may have their product listed under its trade name as a registered flame-retardant fabric or material provided that:
(a) The fabric or material is treated by a registered flame-retardant application concern with a registered chemical; or
(b) The fabric or material is inherently noncombustible (such as glass, asbestos, or certain metallic cloths); or
(c) The fabric or material is manufactured of such materials that the flame-retardant qualities may be expected to remain effective for the useful life of the fabric. This category includes such materials as fabric woven from nonflammable synthetic fibers; nonflammable plastic films or sheetings; treated, synthetic, or inherently noncombustible fabrics which have been coated or impregnated with a nonflammable plastic, etc.
Note: Fabrics and materials falling in group (a) above are automatically approved, but will be listed as such only upon payment of the registration fee required by statute.





s 1273. Basic Requirements.
Due to the wide variety of fabrics or materials which might fall into the preceding classifications, it is impractical to devise standards and test procedures which would be applicable uniformly to all materials. However, the basic requirement for any treated fabric or material shall be the ability to withstand the appropriate fire resistance tests outlined herein.




s 1273.1. Fabrics for Interior Use.
Fabrics as described in 1272(c) intended for interior use shall be tested in their original condition only, and shall meet the requirements for fire resistance outlined in Section 1273.3.




s 1273.2. Fabrics for Exterior Use.
Fabrics as described in 1272(c) intended for exterior use shall meet the requirements for fire resistance outlined in 1273.3, and, in addition, they shall meet the requirements for fire resistance outlined in 1237, both in their original state and after accelerated weathering.




s 1273.3. Unsupported Film, Synthetic Fabrics and Coated Fabrics.
After removing the fabric from the test flame, the specimen shall not continue to flame for more than two seconds. Exception is made for short duration flaming, in accumulated char areas, which produces no flame spread or travel. No flames shall reach the top of the specimen.
Three specimens each one foot (1 ') wide by two and one-half feet (2 1/2 ') long shall be tested for fire resistance.
Each specimen shall be suspended, [FNa1] with its lower edge approximately two inches (2 ") in the test flame, and not less than a twenty-four inch (24 ") length exposed. The test flame from a three-eighths inch (3/8 ") I.D. Bunsen burner, with the air supply just sufficient to remove all traces of yellow flame, but without any distinct blue inner cone, adjusted to a length between three and one-half inches (3 1/2 ") and four inches (4 ") shall be applied vertically at the center of the lower edge. No exposure time limitation is imposed, since every effort must be made to initiate sustained combustion.
Failing to ignite the area originally exposed, the specimen should be moved to expose an area near either vertical edge.
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[FNa1] Suspension shall be by means of a wooden dowel held in the hand, with the upper end of the free hanging specimen rolled around the dowel tightly enough to remain in place, and without restraint by clamps or guide wires.





s 1273.4. Flock.
The flock shall be applied heavily to a test armature made of one inch (1 ") poultry wire twelve inches (12 ") square folded every three inches (3 ") to bring the creases one inch (1 ") apart.
For nonadhesive flock, the adhesive shall be nonflammable both before and after drying. The test specimen shall be thoroughly dried before being tested.
The flock armature shall be suspended above the test flame and tested as provided by Section 1237 for the small scale fire resistance test.
There shall be no spread of flame from the test area in contact with the test flame, and any afterflaming shall not exceed one second.




s 1274. Additional Requirements.
In the case of fabrics described in paragraph (c) of Section 1272, the manufacturer (or jobber) shall submit to the office of the State Fire Marshal a sample of his product not less than two yards in length or, if intended for exterior use, five yards long. Test reports from independent commercial testing laboratories may be required to substantiate claims made for such product. The State Fire Marshal may then perform, in addition to the fire resistance test, such tests as he may deem necessary to decide whether or not the product warrants registration.





s 1275. Secondary Registrations.
A concern desiring to register a flame-resistant fabric or material that is not a product of its own manufacture, which required tests prove meets the requirements of this article for approval and registration, may apply for approval and listing under the concern's own trade or brand name as follows:
(a) The manufacturer of the fabric or material shall certify his approval and give his consent in letter to the State Fire Marshal for the registration, sale, distribution, and use of his product under the proposed new name by the applicant concern and stipulate as follows in a letter to the State Fire Marshal:
(1) That all of the fabric or material supplied by him to the applicant concern for sale, distribution or use under the new name shall always be identical in all respects to the test sample and/or report last approved and registered by the State Fire Marshal, and
(2) That he will assign a production or lot control number to each specific unit of such production, and will submit to the State Fire Marshal a one-quarter yard test specimen of each lot sold to the applicant concern, and
(3) That he will maintain a record of the amount of fabric or material furnished to the applicant concern and submit this information to the State Fire Marshal upon his request, and
(4) That he will notify both the applicant concern and the State Fire Marshal, in writing, of any proposed change in formulation or fire-resistant quality not less than 30 days prior to making such change and obtain his approval of such change. New test samples shall be submitted of the changed product.

(b) The applicant concern shall furnish any additional test reports from the independent approved testing laboratories that may be required to substantiate claims made for approval of the fabric or material and shall pay all costs in connection therewith.
(c) The applicant concern shall certify, in a notarized letter accompanying its application form, that the fabric or material sold, distributed, or used under the new name shall always be identical in all respects to the test sample and/or report submitted by him and determined to be acceptable by the State Fire Marshal for approval and registration, and that it will be identified in all records by the same production or lot control number assigned by the manufacturer to a specific unit of production.
(d) The applicant concern shall pay to the Office of the State Fire Marshal the original and annual registration fee as prescribed by the statutes.
(e) Following registration, the concern shall furnish, in accordance with these regulations, test samples and an approved Certificate of Flame Resistance covering the registered fabric or material when the product is sold for use in occupancies governed by the statutes, or when such fabric or material is intended for use or may sometimes be used in the State of California.




s 1280. Application.
Any person or firm desiring to engage in the business of or perform for a fee the act of applying a flame-retardant chemical to any fabric or material shall first make application for registration as a Flame-Retardant Application Concern on forms provided by the State Fire Marshal. Separate applications shall be submitted for each separate place of business.


Note: Authority cited: Section 13120, Health and Safety Code. Reference: Sections 13100-13132, Health and Safety Code.





s 1281. Qualifications.
No application for registration as a Flame-Retardant Application Concern shall be considered unless such applicant or an employee thereof first demonstrates his or her qualifications by:
(a) Passage of a written examination as prepared by the State Fire Marshal on the laws, regulations and technical aspects of flame-retardant chemicals, fabrics, materials and fibers and how they may be identified. A score of 70% is considered as minimum for passage of the written examination. In addition, the State Fire Marshal may require a practical demonstration of the applicant's ability to properly perform the acts for which application has been made.
(b) Presentation of evidence of actual experience in the chemical application.
(c) Possession of necessary equipment and machinery to conduct application procedures.
(d) Submission of required fees as set forth in Section 13127, Health and Safety Code.


Note: Authority cited: Section 13120, Health and Safety Code. Reference: Sections 13100-13132, Health and Safety Code.





s 1282. Employees.
(a) The rights and privileges extended to a registered Flame-Retardant Application Concern shall extend to bona fide employees of such concern provided all work performed by such employees is under the direct supervision of the individual who satisfactorily passed the examination required by Section 1281. All Certificates of Flame Retardancy issued by such concerns pursuant to this subchapter shall be signed by the individual who has satisfactorily passed the examination.
(b) Except as provided in Section 1282(a) above, the rights and privileges extended to a registered Flame-Retardant Application Concern shall not extend to any person, including but not limited to agents or representative operating with or without a contract with the registered concern. Such persons shall be considered as being separate concerns requiring separate registration.
(c) No person who is not an employee of a Registered Flame-Retardant Application Concern shall be entitled to take the examination set forth in this section without first having made application for registration as a Flame-Retardant Application Concern.


Note: Authority cited: Section 13120, Health and Safety Code. Reference: Sections 13100-13132, Health and Safety Code.





s 1290. Chemicals.
No flame-retardant application concern shall apply a flame-retardant chemical on a job governed by the scope of these regulations unless the concern and the chemical are registered with and approved by the State Fire Marshal.





s 1291. Use.
No concern shall apply any flame-retardant chemical to any fabric or material for use governed by the scope of these regulations unless the chemical is registered with and approved by the State Fire Marshal for treatment of that particular type of fabric or material.





s 1292. Application.
The chemical shall be applied evenly and to all parts of the article being treated.





s 1292.1. Fire-Resistance.
The treated fabric or material shall meet the requirements for fire resistance described in Sections 1237, 1237.2, 1261, 1264.1, 1264.2 or 1264.3, whichever is applicable. Samples for testing may be smaller than sizes specified in these sections.




s 1293. Admixtures.
No concern shall add to or mix with any registered chemical any other chemical or substance excepting a thinning or penetrating agent approved by the chemical manufacturer.






s 1300. Pretreatment Examination.
Before applying any flame-retardant chemical, the application concern shall first carefully examine the fabric or material to determine:
(a) The type of fabric or material.
(b) If it has been previously treated.
(c) If it contains any sizing or loading.
(d) If it can be effectively and safely treated.
Assuming that the fabric or material is of a type for which the chemical has been registered, the concern must then decide how much chemical must be applied. This will depend on the area to be treated and the type of fabric. The percent weight gain must be commensurate with that determined for the chemical on the standard qualifying fabric. It may be necessary to apply slightly more or less chemical than this, depending on the weight and type of the particular fabric being treated, but in every case sufficient chemical shall be applied to obtain satisfactory flame resistance.
If examination shows that the fabric has been previously treated, consideration must be given to the possibility that the old treatment combined with the new might nullify the flame-retardant effect, or might cause excessively rapid deterioration of the fabric. Whenever possible, all traces of any previous chemical treatment should be removed before re-treating.
The presence of sizing in a fabric can have a decided effect on the flame-retardant treatment, especially the exterior type. Some exterior chemicals will be registered only for the treatment of unsized or desized canvas, and may not be applied to a sized material unless the sizing is first removed. Whenever practical, sizing should be removed before treatment with any chemical, since a treatment is always more effective and will last longer on an unsized fabric.
Celanese and acetate type rayons are extremely difficult to treat successfully, even though chemicals may be listed as approved for such fabrics. Applicators are cautioned not to undertake the treatment of such fabrics unless they have adequate knowledge and experience.
Before treatment of printed or dyed interior fabrics, the applicator must determine if the colors are fugitive and apt to run if the fabric is wet. In such a case, the applicator must be especially careful in applying the chemical, so as not to cause the colors to run.
It is an acknowledged fact that certain metals and metallic pigments in contact with chlorinated paraffin will accelerate the liberation of hydrogen chloride, especially at high temperatures. This effect is most pronounced with iron, zinc, and pigments composed mainly of salts of these two elements. Zinc oxide is extremely harmful in this respect and its use should be avoided, since its effect extends even to properly stabilized chlorinated paraffins.






s 1301. Fire Hazards.
Certain solvents, thinners, and penetrating agents (such as alcohol, toluol, ketones, petroleum solvents, etc.) sometimes used with flame-retardant chemicals are highly flammable, and manufacturers and applicators must take all necessary precautions to guard against the hazard of fire when using such liquids, especially indoors.






s 1302. Interlinings.
In the case of drapes, curtains, etc., which have interlinings, the applicator shall make every effort to treat the lower, accessible portion of the interlining, but it shall not be deemed necessary to treat the entire interlining, or to open the bottom of the article if it has been sewed.






s 1303. Water pH.
Manufacturers whose chemicals are diluted with water by the applicator must take into account the variation in pH of the water supplies of various localities. The pH of tap water in the Los Angeles area is sometimes as high as 8.7.






s 1304. Liability.
Protection of public property is a primary responsibility of the application concern in the field. Dripping, splattering, spilling, etc., should be anticipated and provision made for use of drop cloths and shields. The flame-retardant application concern may be held liable for damages to persons or property arising out of and occurring during the course of flame-retardant chemical application and for negligence of his or its agents, servants, employees or subcontractors.





s 1310. Taking Specimens.
The specimens for making fire resistance tests may be taken by the inspection authority from any part of the fabric or material and in whatever size and number he deems necessary, and the management shall permit the State Fire Marshal or his duly authorized representative to take such specimens for testing purposes. It is assumed that the inspection authority will use reasonable judgment in taking test specimens to avoid unnecessary damage to the article.





s 1311. Testing Specimens.
When tests are deemed necessary by the inspection authority, samples should be taken and tested in accordance with the recommended procedure on file in the Office of the State Fire Marshal.





s 1320. Pre-Job Notification.
Prior to the performance of every job of flame-retardant chemical application by a registered flame-retardant application concern on the premises of any occupancy mentioned in Sections 13115 or 13119 of the Health and Safety Code, such concern shall first notify the local fire department or the nearest office of the State Fire Marshal, giving the time and date that the job is to be performed. This provision shall not apply to work done by an application concern on its own premises. The fire department or State Fire Marshal may take samples both of the chemical being applied and of the finished treated fabric(s).




s 1321. Flame-Retardant Application Certification.
After every job of flame retardant chemical application by a registered flame-retardant application concern, an approved certificate of flame resistance shall be furnished the person or concern for whom the work was done, and copies sent the State Fire Marshal and the local fire authority. These certificates shall be delivered within 10 days after completion of the job, shall be filled out completely and signed by an authorized representative of the registered application concern. (continued)